Terms and Conditions (Terms) 01/09/2016
1. Consignment Arrangement
1.1. You agree and authorize Recycled Textbooks (RTB, us or we) to sell your books (inc. textbooks and workbooks) and other educational products (Products) on consignment subject to these Terms (Consignment Service).
1.2. In order to access the Consignment Services, you must first register as a member with us. As part of the registration process, or as part of your continued use of the Consignment Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
1.2.2. an email address
1.2.3. a mailing address
1.2.4. a telephone number
1.2.5. a password
1.3. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
1.4. Once you have completed the registration process, you will be a registered member with us (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Consignment Services.
1.5. You may not use the Consignment Services and may not accept the Terms if:
1.5.1. you are not of legal age to form a binding contract with us; or
1.5.2. you are a person barred from receiving the Consignment Services under the laws of Australia.
1.6. You warrant and undertake that:
1.6.1. you are the lawful owner of all Products provided to us in connection with the Consignment Service;
1.6.2. you have not breached any laws in connection with the Products;
1.6.3. you have read, understood and agree to these Terms;
1.6.4. subject only to our gross negligence, you hereby release, indemnify and hold us harmless in respect of any loss or damage arising, howsoever caused, in connection with your breach of these Terms and the sale of the Products by us.
2. Sale Price of Books
2.1. Each Product is graded according to its condition.
2.1.1. As new: this means never used - will sell for 75% of RRP
2.1.2. Excellent: no more than 10% pages marked with highlighter or pen – will sell for 66% RRP
2.1.3. Good: may be a bit worn, may have pages marked with highlighter or pen – will sell for 50% of RRP
2.1.4. Poor: damaged Products may have significant pages marked with highlighter or pen – will sell for 33% of RRP
2.1.5. Rejected: Products that are found to be defective, such as loose, torn or missing pages, graffiti and all workbooks with writing.
2.2. Workbooks must have all pencil markings completely erased and pen whited out if you wish to sell them. Books with pen or pencil markings may be donated to us but will not be sold under the Consignment Services and will not contribute to your Member Fund.
2.3. Only current editions of Products will be accepted for sale. If we are overstocked with a particular title it may not be accepted even if it is a current edition.
2.4. RTB may reduce the selling price at any time at our absolute discretion.
2.5. All old edition textbooks and those too damaged to sell will be donated or disposed of appropriately without notification.
3. Intake of Products
3.1. Books are individually assessed and grading will be at RTB’s absolute discretion.
3.2. Any Products that cannot be sold will be donated to us and we will donate to charity if possible.
3.3. A statement will be sent by email once the Products are processed for sale. You may wish to make your own copy of the seller’s form for your records.
3.4. A fee of $5.00 applies to enter and print your "Seller’s Form" at the shop.
4.1. Members will receive 60% of the actual sale price of items when sold to use as store credit. This credit is applied to your account with us (Member Fund).
4.2. Members not wanting to use the Member Fund system will receive 50% of the of the commission owing by EFT in April annually.
4.3. E-mail statements will be sent to Members in March and October annually. The statement will list Member Funds, sold, unsold and recently outdated editions of Products. Please inform the shop of changes to your e-mail address.
4.4. RTB does not offer cash payments.
4.5. Member Funds can be applied and offset as credit against purchases at any time on presentation of identification.
4.6. Member Funds can only be withdrawn upon Membership closure.
4.7. Products will be held for sale until the earlier of:
4.7.2. Membership closure;
5.1. 5.1. Unless the Australian Consumer Law applies, Products will ONLY be refunded or replaced if you are able to prove that an error was made on our part. You must bring your booklist as proof that you have been given the incorrect Product.
5.2. 5.2. Unless the Australian Consumer Law applies, Products must be returned within one week of purchase with labels intact and with the original receipt. Refund will be by way of a store credit applied to your Member Fund for the original purchase price less a $2.00 per Product admin fee.
5.3. You are not entitled to a refund if you simply change your mind, find the title cheaper elsewhere or find you already have the Product at home. You may however put the Product back into the shop for sale under your name using the Consignment Service.
5.4. Unless the Australian Consumer Law applies, there are no returns on exam guides, text guides, practice exams or workbooks – buyer beware.
6. Membership Closure
6.1. Your Membership and Member Fund will be closed on the earlier of:
6.1.1. you ceasing to communicate with us or shop in-store for a period of 12 months;
6.1.2. your youngest child ceasing education in Australia;
6.1.3. your death or permanent incapacity;
6.1.4. termination of this agreement by us;
6.1.5. your breach of these Terms, such breach which is irremediable or not rectified within 10 Business Days of notice from us.
6.2. Upon Membership closure, we will send you a statement of your Member Fund.
6.3. The balance of your Member Fund shall be disbursed as follows:
6.3.1. Member Fund under $49.99 will be paid in store onto a card.
6.3.2. Member Fund $50.00 and over will be paid by EFT. If you supply incorrect banking details a fee of $7.50 will be deducted from your Member Fund.
6.4. Upon Membership closure, you should collect your unsold Products if they are still on the shelf, if collection does not occur within 7 days of Membership closure, you will be deemed to have abandoned your Products, in which case a fee of $10 shall be applied as a disposal fee.
6.5. If you fail to collect or provide means of receiving your Member Fund balance within 12 months of Membership closure, we will:
6.5.1. apply an account keeping fee of $100 to your Member Fund; and then
6.5.2. remit any Member Funds exceeding $20 (or such other amount required by law) to the State Revenue Office in accordance with the Unclaimed Money Act 2008 (Vic); or
6.5.3. deem any Member Funds less than $20 (or such other amount required by Unclaimed Money Act 2008 (Vic)) forfeited by you.
6.6. In the event that the fees charged under this clause 6 exceed your Member Fund balance, your Member Fund will be reduced to $nil and no further fees will be charged by RTB to you.
7. Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Consignment Services and (where relevant) your Member account if we reasonably suspect that you have commit fraudulent act and/or you breach these Terms.
9. Web content
9.1. The information contained in this website (Site) is provided in good faith on an "as is" basis. RTB does not represent or warrant the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, RTB is not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
9.2.1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
9.2.2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
9.2.3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
9.3. You may store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials.
9.4. This Site and any ancillary materials or documents owned or used by RTB in connection with the sale of the Products, provision of the Consignment Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of RTB. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
9.5. RTB does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
9.6. You are responsible for scanning any information for viruses.
9.7. You agree that RTB has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
9.8. If RTB is found to be liable this will be limited to the cost of supplying the information again.
10.1. You may not assign your rights under these Terms without our prior written consent. We may assign its rights under these Terms without your consent.
10.2. These Terms constitute the entire understanding between the parties and supersedes all prior agreements, understandings and communications, whether written or oral.
10.3. In the event of any dispute arising out of or in relation to the Products, Consignment Services or Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
10.4. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
10.5. Any payment obligations, confidentiality provisions and indemnities survive termination of these Terms.
10.6. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
10.7. Nothing in this deed:
10.7.1. constitutes a partnership between the parties; or
10.7.2. except as expressly provided, makes a party an agent of another party for any purpose.
RTB reserves the right in its sole discretion to amend these Terms without advance notice. Amendments to the Terms will be posted in the shop and on http://www.recycledtextbooks.com.au . If any amendment is not acceptable to you, your only recourse is to cease using RTB and close your Membership. By continuing to use our services after RTB has posted any amendments, you accept and agree to be bound by the amendments.